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a: SERVICE DESCRIPTION: As a World Wide Web service provider, City & District provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. The Client wishes to connect to the World Wide Web utilizing the hardware and software resources of City & District to establish an Internet web presence on one of City & District’s server computers.
b: CONDITIONS: The application and this Agreement constitute a binding contract between City & District and the Client and does not extend to any other person or entity. Client may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and webspace is set-up will still hold the Client responsible for costs incurred by City & District concerning the set-up of the web space.
c: WARRANTIES: With respect to the service to be provided herein, the Client acknowledges that City & District makes absolutely no warranties whatsoever, express or implied. As a result, the Client agrees that City & District shall not be liable to the Client for any claims or damages which may be suffered by the Client, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
d: INFORMATION: The utilization of any data or information received by the Client from the utilization of the service to be provided by City & District is at the Client’s sole and absolute risk. City & District specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
e: DOMAIN NAME: If City & District shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against City & District, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by City & District for any reason.
If City & District shall acquire an Internet Domain Name on behalf of the Client, then the client will be billed $19.95 US plus applicable taxes. City & District makes available on its website an online domain name registration system, utilizing the services of enom.com. The enom.com service requires prepayment to be made by credit card at the rate of $19.95 US per annum. Domain name transfers away from our systems will be billed at a rate of $19.95 US per transfer.
f: PAYMENT: The Client agrees to a one (1) month contract, beginning upon commencement of service. First one (1) months payment plus a non-refundable content setup charge, if any, shall be due upon receipt of contract. This agreement will automatically renew for each successive one (1) month periods for the life of the contract until cancelled in writing. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt.
Customers paying by credit card expressly agree to have their credit card account billed monthly for the recurring charges for the life of the contract including any automatic renewal periods. Customers paying by credit card agree to have their credit cards billed on or about the 15th of each month, the month prior to the period being billed.
Initial payment is due with the contract, regardless of the status of domain name application or any other forces beyond the control of City & District. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) months in advance depending on the selected fee schedule. Subsequent payments are due on the 15th day of each month as per the selected fee schedule. In the event that the Client fails to pay for such services in advance, City & District shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.
g: TERMINATION OF SERVICES: Client agree to provide 30 days written notice, prior to the next billing period, which is the 15th of the month prior to the period being billed. All outstanding invoices must be paid in full including all applicable taxes prior to date of cancellation.
h: UNILATERAL SERVICE REVOCATION: In the event that City & District may at any time believe that the service is being utilized for unlawful purposes by the Client or in contravention with the terms and provisions herewith, to but not limited to unsolicited email, hacking, and pornography. City & District may immediately discontinue such service to the Client without liability.
i: INDEMNIFICATION: The Client shall indemnify and hold harmless City & District from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against City & District on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libellous or scandalous.
j: CHANGES IN TERMS OF AGREEMENT: City & District reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Client, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Client has prepaid. Utilization of the service by the Client following the effective date of such change shall constitute acceptance by the Client of such change(s).
k: ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
l: ISP CHARGES: The Client understands and realizes that this contract does not provide ISP (Internet Service Provider) services. That the Client must obtain their own Internet connection. That the charges for an ISP are not included in the prices listed here.
m: UNDERSTANDING OF CONTRACT AND TERMS: The Client understands and agrees with these terms that are listed. The Client, by hiring City & District and going into this agreement, acknowledges that he/she has read this contract and will be bound to the terms of it. The Client acknowledges that City & District has the right to make this contract, and to terminate it if the terms here as above are broken by the Client. City & District will not give refunds or exchanges for any terminated or cancelled contracts. If the contract is terminated for any reason, the Client shall be billed for work not yet paid for, that was done by City & District.
n: GOVERNING LAW: This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the Province of New Brunswick. Any legal action brought with regard to this contract shall be brought only in Kings County, in the Provincial or Federal Court of appropriate jurisdiction within the Province of New Brunswick.
o. ATTORNEYS’ FEES. In the event of arbitration, suit or action (collectively ”Action”) instituted to enforce this Agreement, or with respect to this Agreement or any documents described in this Agreement, the prevailing party shall be reimbursed by the other party for any and all costs and expenses incurred in connection with the Action, including, but not limited to, reasonable attorneys’ fees at any hearing or trial and on appeal.
p: HEADINGS: Headings used in the agreement are for convenience only and shall not be used to interpret or construe its provisions.
q: NOTICES: All notices or other documents under this agreement shall be in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to City & District and the Client at their last known addresses. Any extras that are added on by the Client will be billed by either an hourly or page rate. All additions must be approved before, by the Client and submitted to City & District in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to City & District.
r: IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.
All orders and maintenance contracts must be accompanied by at least 50% of the overall order when submitted. All extra maintenance and additions that are billed at an hourly rate shall be billed to the Client at the end of each month.
All invoices must be paid within thirty days (30) of invoice date. All maintenance fees must be paid at least thirty days (30) before termination of the maintenance contract.
All delinquent accounts will be assessed a $25 charge if payment is not received within 30 days of the invoice date. If an account remains delinquent 31 days after its invoice date, an additional 5% penalty will be added for each month of the delinquency.
City & District reserves the right to remove or make unattainable any webpage or Website or portion of the work, of a delinquent account until full payment is received
Final payment of the balance shall be made within 30 days of submission of the final invoice date (If no other conditions apply, such as payment plans or long term contracts) as hereinabove set forth and City & District shall be entitled to reasonable legal fees in the event the services of an attorney or collection agency are necessary for collection.
Checks, Money Orders, and Wire Transfers must be made out to City & District Web Development. Bank account and routing information available upon request. The Client will pay all appropriate taxes that would apply Provincial and Federal included.